I-A: Partnership
| Two or more general partners | 3 points _______ |
| Each must have proprietary interest | 3 points _______ |
| To combine efforts or resources | 3 points _______ |
| Sharing of profits and losses | 3 points _______ |
| Equal unless otherwise agreed | 3 points _______ |
| Participation in management | 3 points _______ |
| Partnership agreement need not be in writing | 3 points _______ |
| Unlimited liability | 3 points _______ |
| Further excellent discussion | 3 points _______ |
I-B: Limited partnership
| At least one general, one limited partner | 3 points _______ |
| Liability limited | 3 points _______ |
| Except for contribution | 3 points _______ |
| One general partner's only is okay | 3 points _______ |
| Assumed name is fine | 3 points _______ |
| If commendam, firm name must so state | 3 points _______ |
| Articles must be in writing | 3 points _______ |
| And filed with secretary of state | 3 points _______ |
I-B: Limited liability partnership
| Add-on feature | 3 points _______ |
| To general or limited partnership | 3 points _______ |
| Limits tort liability only | 3 points _______ |
| Must be renewed annually | 3 points _______ |
I-B: Limited liability company
| May or may not have centralized management | 3 points _______ |
| May or may not have continuity | 3 points _______ |
| Liability limited as to all members | 3 points _______ |
| Minimum of one member | 3 points _______ |
| II-A: | Secretary of State | 12 points _______ |
| II-B: | The Florida site - the partners individually | 12 points _______ |
| II-C: | The Plank Road site - the partnership owns the site | 12 points _______ |
| II-D: | The Sherwood site - the partnership owns the site | 12 points _______ |
| II-E: | Creditor may seize only the Florida site | 12 points _______ |
| II-F: | File a trade name affidavit with Parish Clerk | 12 points _______ |
| III-A: | Limited Liability Partnership | 9 points _______ |
| III-B: | Limited Partnership or Partnership in Commendam | 9 points _______ |
| III-C: | Sole proprietorship may cross state lines | 9 points _______ |
| : | General partnership may cross state lines | 9 points _______ |
| III-D: | Limited Liability Partnership | 9 points _______ |
| III-E: | Limited Liability Partnership | 9 points _______ |
| III-F: | Subchapter S Corporation | 9 points _______ |
| III-G: | Limited Partnership or Partnership in Commendam | 9 points _______ |
IV-A: List the ways in which an agency terminates.
| When revoked by the principal | 3 points _______ |
| When the agent resigns or renounces the power | 3 points _______ |
| Upon death of the principal or the agent | 3 points _______ |
| Upon bankruptcy of principal or of agent | 3 points _______ |
| Upon interdiction of the agent | 3 points _______ |
| Upon interdiction and appointment of curator for principal | 3 points _______ |
| Upon occurrence of resolutory condition specified in the power | 3 points _______ |
| When purpose of the power becomes impossible | 3 points _______ |
| When purpose of the power is accomplished | 3 points _______ |
IV-B: List those activities that will subject a limited partner to unlimited liability.
| May not manage or conduct business with third parties | 3 points _______ |
| Name may not appear in firm name | 3 points _______ |
| Unless also the name of general partner | 3 points _______ |
| Or of a predecessor firm | 3 points _______ |
IV-C: List those activities that a limited partner may do without losing limited status.
| May serve as non-managerial employee | 3 points _______ |
| Commendam partner may consult and advise | 3 points _______ |
| Commendam partner may be surety | 3 points _______ |
| May vote on admission or expulsion | 3 points _______ |
| May vote on continuation or termination | 3 points _______ |
| Each other item on which may vote | 3 points _______ |
IV-D: Name the three "wicked sisters" that employers' liability statutes and workers' compensation statutes were intended to eliminate.
| The fellow-servant doctrine | 3 points _______ |
| Assumption of the risk | 3 points _______ |
| Contributory negligence | 3 points _______ |
IV-E: In workers' compensation, what is a "statutory employer"?
| Employees of contractor | 3 points _______ |
| Engaged to perform work that is a part of the principal's trade | 3 points _______ |
IV-F: List as many factors as you can that a court will take into consideration in determining whether a person is an "employee" or independent contractor. Put the single most important factor first on your list.
| Extent of control master may exercise over details of work | 6 points _______ |
| Whether the one employed is engaged in distinct occupation or business | 3 points _______ |
| Whether the employer or workman supplies tools | 3 points _______ |
| Length of time for which the person is employed | 3 points _______ |
| The skill required in the particular occupation | 3 points _______ |
| Whether the work is a part of the regular business of the employer | 3 points _______ |
| The method of payment, whether by the job or by the hour | 3 points _______ |
| Whether the principal is or is not in business | 3 points _______ |
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